India’s GST Council Keeps 28% Gambling Tax During Revenue Surge

India’s Finance Minister Nirmala Sitharaman has addressed recent developments concerning the country’s gambling tax increase, introduced in October 2023. The tax hike has led to notable revenue growth in both online and land-based gambling sectors. This review follows a six-month period assessing the impact of the new tax regime.

In a media briefing, Sitharaman reported a dramatic rise in online gambling revenue, which surged by 412% between November 2023 and April 2024. This increase brought the total revenue to ₹6,909 Crore ($823 million/£628 million). The land-based casino sector also experienced a 30% boost in revenue during the same period, totaling ₹1,214 Crore ($25.5 million/£19.5 million).

Despite these figures, Sitharaman emphasized that the review was merely a presentation of the current state rather than an indication of the tax’s acceptance by the industry. “The council heard the facts and that’s where it was left,” she explained. The review was originally planned to address stakeholder concerns but was delayed during the GST council’s June session.

Industry Concerns and Financial Impact

Industry insiders had expressed frustration over the postponed review. Rajat Bose, a partner at Shardul Amarchand Mangaldas & Co Advocates & Solicitors, highlighted the sector’s anticipation of the GST council meeting. “The online gaming industry was eagerly looking forward to the GST council meeting in the hope that their concerns will be addressed by council,” he said.

Economist Dr. Aruna Sharma had previously warned that high taxation might adversely affect the sector, potentially passing costs onto players. A report by EY and the US-India Strategic Partnership Forum corroborated these concerns, indicating that the tax hike negatively impacted gambling businesses. Since the new tax regime’s implementation, the Indian gaming sector, which had attracted $2.6 billion in foreign direct investment since 2019, has seen no new capital influx.

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The GST council, which includes Sitharaman and representatives from all states and union territories, retains the authority to set tax rates and regulations. In January 2023, new rules were introduced to regulate online gambling, establishing independent self-regulatory bodies to oversee industry practices and create sector-specific rules.

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